Furman v Polish Judicial Authority [2024] EWHC 3062 (Admin) (31 October 2024)

Furman v Polish Judicial Authority [2024] EWHC 3062 (Admin) (31 October 2024)

The appeal is stayed pending the Supreme Court's decision in Andrysiewicz v Circuit Court in Lodz, Poland, as the approach to early release under Article 77 Polish Criminal Code may be decisive; it is arguable that the applicant's prospects of early release could affect the proportionality assessment under Article 8 ECHR.

Citation
[2024] EWHC 3062 (Admin)
Parties
Claimant: Furman; Defendant: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
31 October 2024
Procedural Posture
Extradition Appeal / Renewed Application for Permission to Appeal; Application for Stay
Outcome
Appeal stayed; permission to appeal not granted at this stage
Legal Topics
Extradition, Article 8 ECHR, Proportionality, Early Release Under Polish Law, Conditional Release, Time Served, Public Interest in Extradition
Criminal Law Extradition Law Human Rights Law Extradition Article 8 ECHR Proportionality Early Release Under Polish Law Conditional Release +2 more

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Parties

Furman

Claimant

Polish Judicial Authority

Defendant

Procedural Posture

Extradition Appeal / Renewed Application for Permission to Appeal; Application for Stay

Legal Issues

  1. 1 Whether extradition would be disproportionate under Article 8 ECHR due to prospects of early release under Polish law
  2. 2 Whether the appeal should be stayed pending the Supreme Court's decision in Andrysiewicz v Circuit Court in Lodz, Poland

Ratio Decidendi

The appeal is stayed pending the Supreme Court's decision in Andrysiewicz v Circuit Court in Lodz, Poland, as the approach to early release under Article 77 Polish Criminal Code may be decisive; it is arguable that the applicant's prospects of early release could affect the proportionality assessment under Article 8 ECHR.

Court Disposition

Appeal stayed; permission to appeal not granted at this stage

Orders

  • Judgment to be transcribed at public expense and submitted for approval within 28 days
  • Appeal stayed pending Supreme Court decision in Andrysiewicz v Circuit Court in Lodz, Poland